GORDONS BAY DEVELOPMENT TRUST is a PBO (Public Benefit Organisation) in the process of registered as a NPO, incorporated in the Republic of South Africa under REGISTRATION NUMBER IT001381/2018(C).
This website is owned and managed by the GORDONS BAY DEVELOPMENT TRUST as part of promoting Gordon’s Bay as a destination for tourists and visitors but also for investments. Gordon’s Bay is and should keep the image of a picturesque and quaint little seaside village surrounded by mountains away from the hustle and bustle in Cape Town.
Welcome to the Gordon’s Bay Travel website. This website is owned and managed by:
GORDONS BAY DEVELOPMENT TRUST is a PBO (Public Benefit Organisation) in the process of registered as a NPO, incorporated in the Republic of South Africa under REGISTRATION NUMBER IT001381/2018(C).
|1 GENERAL||1 PERSONAL INFORMATION|
|2 DEFINITION OF SERVICES||2 COLLECTION OF PERSONAL INFORMATION|
|3 INTELLECTUAL PROPERTY RIGHTS||3 USE OF YOUR PERSONAL INFORMATION|
|4 LISTINGS ON OUR WEBSITE||4 SHARING OF PERSONAL INFORMATION|
|5 DATA PROTECTION||5 STORAGE AND TRANSFER OF YOUR PERSONAL INFORMATION|
|6 LINKING AND FRAMING||6 SECURITY|
|7 DISCLAIMER||7 RETENTION OF YOUR PERSONAL INFORMATION|
|8 LIABILITY||8 DIRECT MARKETING|
|9 INDEMNITY||9 THIRD PARTY WEBSITES|
|11 WAIVER||11 CPA, POPI AND OTHER LAWS|
|12 APPLICABLE AND GOVERNING LAW||12 GOVERNING LAW|
This website is owned and managed by the GORDONS BAY DEVELOPMENT TRUST as part of promoting Gordon’s Bay as a destination for tourists and visitors but also for investments. Gordon’s Bay is and should keep the image of a picturesque and quaint little seaside village surrounded by mountains away from the hustle and bustle in Cape Town. Read more about GORDONS BAY DEVELOPMENT TRUST.
The website, which is accessible at https://www.gordonsbay.travel/ or via the software application developed or made available by us (the "Website"), we provide online information resources focused on the destination marketing and visitor industry (the "Services").
- browses, uses, accesses, refers to, views and/or downloads the information made available by us on the Website ("Content"); and/or makes any information available to us via the Website; and/or
- is or has applied to be part of our membership programme. Regardless of the device which you use to access the Website, including, but not limited to, internet-connected mobile devices and tablets.
Acceptance of the Terms:
Changes and modifications to the Terms, Website and/or Content:
We may, at any time, in our sole and absolute discretion, do any of the following without prior notice:
Permitted use and prohibited conduct
We hereby authorise you to view, copy, download to a local drive, print and distribute the Content of the Website, or any part thereof, provided that:
You must not, directly or indirectly, do any of the following things:
Availability of the Website:
While we endeavour to ensure that the Website is normally available 24 hours a day, we shall not be liable if for any reason the Website is unavailable at any time or for any period.
Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
The legal responsibilities and liabilities of Gordon’s Bay Travel are excluded or limited; and any rights you have against us are limited or excluded. We make no promises that the Website or the Content will always be available or that the Website or Content will be available without interruption. As such, should you suffer losses as a result of the Website or Content being unavailable you will not be able to hold us liable. You will not be able to take action against us if you suffer losses or damages as a result of the Website or Content being unavailable.
CPA, POPI and other laws:
If these Terms (or any contract governed by these Terms) or the Content provided and/or made available on the Website are regulated by or subject to the Consumer Protection Act No 68 of 2008, as may be amended from time to time (the "Consumer Protection Act"), the Protection of Personal Information Act, 4 of 2013 ("POPI") or other laws, it is not intended that any provision of these Terms contravene any provision of the Consumer Protection Act, POPI or such other laws. Therefore all provisions of these Terms must be treated as being qualified, to the extent necessary, to ensure that the provisions of the Consumer Protection Act, POPI and such other laws are complied with.
Links to and from other websites:
The Website and Content available on or through the Website may contain links to other third party websites, which are completely unrelated to us or our Website. If you link to third party websites, you may be subject to those third party websites’ terms and conditions and other policies.
Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely
We are not liable if you suffer losses or damages when visiting another third party website by following a link to that website from our Website. You accept that there may be risks when you use such third party websites, and you do so at your own risk.
The Content we make available to you through the Website is owned by, or licensed to us, and as such, is protected from infringement by domestic and international law, including intellectual property law. Subject to the rights afforded to you herein, all our rights, including intellectual property rights, in Content displayed on the Website, are expressly reserved.
You must not use the Website or the Content in any way that constitutes a violation of any law (including intellectual property law), or an infringement of our rights (including the intellectual property rights), the rights of our licensors or any third party.
All intellectual property rights, including all rights, title and interest in and to the Website and Content, of whatsoever nature existing now and in the future, remain our absolute property and that of our licensors.
You will not, at any time, acquire any rights, title, ownership or interest, including any intellectual property rights, in or to the Website or the Content other than those rights expressly granted to you in the these Terms.
Where any of the Content has been licensed to us or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
The names, images and logos identifying Gordon’s Bay Travel are the proprietary marks of Gordon’s Bay Travel. Copying our logos and any other third party logos accessed via this website is not permitted without the prior approval of the relevant copyright owner.
When you request or being listed on our website, you will be asked to provide information about yourself ("User Data"). Your User Data must be accurate and current at all times. You are solely responsible for maintaining the content of your listing.
By providing us information about your business, you represent, warrant and agree that you will not:
Use Content that violates the law or anyone's rights, including intellectual property ("IP") rights or other proprietary rights (such as rights of publicity and privacy);
Use any Contact Information or private information of any third party;
False, misleading or fraudulent information;
Any material that contains software viruses or any other computer code designed to interrupt, destroy, or limit the functionality of any computer or telecommunications equipment;
Alcohol-related or other mature content that have not set appropriate age based restrictions (based on the country in which the page will be viewable); or
User Content that is threatening, hateful, racially or ethnically offensive, or that depicts nudity, pornography or graphic or gratuitous violence, or anything else that we may consider offensive.
Gordon’s Bay Travel does not pre-screen, review, edit or approve any User Content and it may in its sole discretion, remove or disable access to any User Content.
"User Content" means any photos, text, link, audio, video, designs, ads and anything else that is provided to us for use.
By using the Website or communicating with us by electronic means, you consent and acknowledge that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be "in writing".
Agreements in terms of section 21 of the Electronic Communications and Transactions Act
No information or data on the Website is an offer but merely an invitation to do business.
No agreements shall be concluded merely by sending a data message to the Website or its owners, and valid agreements require an acknowledgement of a receipt from us.
Any third party website may link to the Website provided that such a link is directed at the home page of the Website. It is expressly prohibited for any person, business, entity or website to link to any page other than the home page of the Website, without our prior written approval.
We discourage to frame any page on the Website, including the home page, in any way whatsoever.
The use of non-malicious search technology, such as "web-crawlers" or "web-spiders", to search and gain information from the Website is not permitted if such technology will result in slowing down the Website server or copyright infringement of any Content available on or through the Website.
While we endeavour to ensure that the information on the Website is correct, we do not warrant the accuracy and completeness of the material on the Website. We may make changes to the material on the Website at any time without notice. The material on the Website may be out of date, and in this regard, we make no commitment to update such material.
The material on the Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with the Website on the basis that we exclude all representations, warranties, conditions and other terms whatsoever, including (without limitation) any representations, warranties or conditions as to the operation, integrity, compatibility, availability or functionality of the Website or Content, which, but for the legal notice set out in this paragraph , might have effect in relation to the Website.
There are things that may go wrong when you use the Website and Gordon’s Bay Travel will not be responsible or liable for anything that goes wrong. You use the Website knowing and accepting that things can go wrong and there are risks. We make no promises that the Content will be free from errors or that the Website or Content is suited for your particular needs. The Content cannot be relied upon to be true or accurate. As such should you suffer losses for relying on this Content you will not be able to hold us liable. You will not be able to take action against us if you suffer losses or damages in these circumstances.
Subject to the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, and to the extent allowed by law, we shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use the Website or the Services or Content provided from and through the Website. Furthermore, we make no representations or warranties, implied or otherwise, that, amongst others, the Content and technology available from the Website are free from errors or omissions or that the service will be 100% uninterrupted and error free.
The Website is supplied on an "as is" basis and has not been compiled or supplied to meet the user's individual requirements. It is your sole responsibility to satisfy yourself prior to entering into this agreement with us that the content available on or through the Website will meet your individual requirements and be compatible with your hardware and/or software.
Information, ideas and opinions expressed on the Website should not be regarded as professional advice or our official opinion and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on the Website.
Neither Gordon’s Bay Travel nor any of the businesses, activities, services or other listed the Website or their representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the purchase of any third party products or services, or from the use of or inability to use any third party products or services linked to from, or advertised on our Website.
Gordon’s Bay Travel shall not be held liable for any comments or postings you make on any of our social media platforms, including, but not limited to our Facebook page or via our Twitter or Instagram accounts. We do not editorially control such comments or posting and therefore cannot be held liable for illegal or unconstitutional content (including, but not limited to defamatory, threatening, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, or blasphemous, comments or postings).
There are things that may go wrong when using the Internet. We are not responsible or liable for anything that goes wrong. You use the Website knowing and accepting that these things can go wrong and that there are risks. We make no promises that the Content be free from errors or that the Website or Content is suited for your particular needs. The Content cannot be relied upon to be true or accurate. None of the Content can be considered our opinions or the opinions of our agents or representatives. If you purchase goods or services on third party websites which you have linked to via the Website, we will not be liable for any losses you may suffer from your use of or inability to use the goods or services you purchased. You will not be able to take action against us if you suffer a loss or damages in these circumstances.
As far as the law allows, you indemnify us and agree to hold us, our affiliates and our suppliers harmless against any loss, liability, costs, and damages which we or they may suffer from a claim, where the claim results from:
In certain instances Gordon’s Bay Travel or other persons or entities may have claims for damage caused by you, for example, when you infringe the intellectual property rights of others, make defamatory, threatening, or discriminatory comments of social media, or violate any of these Terms. You agree to take on responsibility and liability for losses and damages Gordon’s Bay Travel or others persons or entities may suffer, as far as the law allows us to pass this responsibility and liability on to you. You will not be able to take action against us if you suffer losses or damages in these circumstances. your violation of these Terms; or any comments or postings you may make on any of our social media platforms.
In the event that any term or condition of the use of the Website is not fully enforceable or valid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable.
Any failure by us to exercise or enforce any right or provision of these Terms shall in no way constitute a waiver of such right or provision.
The Website is controlled and operated from the Republic of South Africa, and thus South African Law governs the use or inability to use the Website and these Terms.
Gordon’s Bay Travel is committed to protecting and respecting your privacy. We strive to ensure that our use of your Personal Information is lawful, reasonable, and relevant to our business activities, with the ultimate goal of improving our Services and your experience.
Regardless of the device which you use to access the Website, including, but not limited to, internet-connected mobile devices and tablets ("Access Device").
"Personal Information" refers to private information about an identifiable person, which includes your name and surname, age, date of birth, contact details (e.g. your home address, postal address, e-mail address or phone number), physical location, social media account details and profile pictures.
Other information which might be Personal Information may include:
Some of the information we receive is Personal Information, and some is non-personal information that becomes personal. In some circumstances we will de-identify, anonymise or segregate information so that we may make use of it in aggregate form without treating it as Personal Information.
Personal Information may be processed by us in several ways, including, when:
We collect your Personal Information in various ways, namely actively from you, passively from your Access Device when you use the Website or from our affiliates and third party service providers.
We do not collect any Personal Identification Information from Users who visit our site to READ information on our products or content.
We passively collect some of your Personal Information from the Access Device which you use to access the Website using various technological means, for instance, using server logs to collect and maintain log information.
A cookie is a small piece of data (an alphanumeric identifier) which our computer system transfers to your Access Device through your web browser when you visit the Website or other Services and which is stored in your web browser. When you visit the Website or use our other Services again, the cookie allows the site to recognise your browser. Cookies may store user preferences and other information.
The information which we may passively collect from your Access Device may include your identifying information, contact details, Device and Device event information, site activity information, log information, location information, and any other information which you permit us, from time to time, to passively collect from your Access Device.
We use Google Analytics to analyse our Site visits to track which pages are visited on our Site, and other general statistics provided by Google Analytics to improve our content and the User experience. The Google Analytics information is anonymous.
We have the Facebook Pixel Tracking on our Site to use the Facebook functionality to create new audiences who may find our products of interest. No Personal identification information is collected by us using the Facebook Pixel.
Articles on this Site may include embedded content, like YouTube videos, for example. Embedded content from other websites behaves in the exact same way as if you visited the other website.
We use the information we collect to provide, maintain, and improve the Services, to develop new services, and to protect us, our Services and our users. We constantly strive to improve our users' experience, and so we also use the information we collect in order to offer you more relevant information and Content.
We may use your Personal Information to:
We will not intentionally disclose any of your Personal Information to third parties, except (i) when we have your permission to do so, (ii) for the purposes of our legitimate business interests, or (iii) where we are required to do so in terms of applicable law or regulation.
You agree that your Personal Information may be shared under the following circumstances:
We may use your Personal Information to compile profiles for statistical purposes, provided that the profiles or statistical data cannot be linked back to you by a third party.
We will get your permission before disclosing your Personal Information to any third party for any other purpose.
We store your Personal Information on our servers and/or on third party servers.
We reserve the right to transfer to and/or store your Personal Information on servers in a jurisdiction other than where it was collected, and such jurisdiction may not have comparable data protection legislation.
If the location that Personal Information is transferred to does not have substantially similar laws which provide for the protection of Personal Information, we will take reasonably practicable steps to ensure that your Personal Information is adequately protected in that jurisdiction.
Although absolute security cannot be guaranteed on the Internet, we take reasonable technical and organisational security measures to protect your Personal Information against accidental or intentional manipulation, loss, misuse, destruction or against unauthorised disclosure or access to the information we Process online.
While we cannot ensure or warrant the security of any Personal Information you provide us, we will continue to maintain and improve these security measures over time in line with legal and technological developments.
You know and accept that the Internet is not absolutely secure and there is a risk that your Personal Information will not be secure when transmitting over the Internet. We do not promise that we can keep your Personal Information completely secure over the Internet. You also know and accept that we do not promise the complete security of your Personal Information. You will not be able to take action against us if you suffer losses or damages in these circumstances.
When you register on Gordon’s Bay Travel, we prompt you to provide a unique and robust password. Your e-mail address and password combination will serve as your login credentials. To prevent unauthorized access to your account, it’s important you select an email/password combination that you have never used at any other website. Otherwise, if you’re using the same email/password combination at Gordon’s Bay Travel that you use elsewhere, and if that other website or service is later hacked and your login credentials stolen, it could allow these criminals to randomly try logging into other popular websites such as Gordon’s Bay Travel to gain access to your account.
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site. As per normal practice, Users on our Sites should regularly change their login passwords. The passwords should be up to 15 characters including upper and lowercase alpha and numbers and other characters like #@$% for example.
We are SSL/HTTPS compliant throughout all our Sites. This encrypts our User communications with the servers so personal identifiable information is never captured by third parties without authorization.
We store all the personal information you provide on our secure (password and firewall protected) servers. All electronic transactions you make to or receive from us will be encrypted using SSL technology.
Of course, data transmission over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.
You are responsible for keeping your password and User details confidential. We will not ask you for your password (except when you log in to the website).
If our website security is compromised you will be notified of the breach and how this has affected your personal information.
In case of a data breach, System Administrators will immediately go through affected Users and will attempt to reset passwords if needed after informing the User.
You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes. In short, we cannot erase data that is vital to you being our customer (i.e. basic account information like an email address).
We may retain all Personal Information that we collect from you so long as it remains necessary for the purposes for which it was collected unless there is a valid technical, legal or business reason for us to delete, destroy or de-identify it.
We process and store your Personal Data as long as necessary for the fulfilment of our contractual or legal obligations. Thus, we store the data as long as our contractual relationship with you as our customer obliges us to do so. After termination of our contract, we will store Personal Data only to the extent and for as long as applicable law requires. All other data will be deleted immediately when you, as a customer, unsubscribe from our Products or other services. If the remaining data is no longer required for the fulfilment of legal obligations, it will be regularly deleted, unless further processing is necessary for the preservation of evidence or the prevention of legal claims from becoming time-barred.
Business Contact or Sales Prospect Data: If you are a business contact or sales prospect that has provided us your Personal Data, we will store your data in our database so that we can follow up on previous business conversations we’ve had with you, provide you additional information about our Products, or assist you in purchasing our Products.
Further, we may keep some of your Personal Information for as long as we are required by law, a code of conduct or we reasonably need it for lawful purposes related to our functions and activities; we reasonably need it for evidentiary purposes or you agree to us keeping it for a specific period.
To the extent required by law, we will take steps to ensure that your Personal Information is accurate, complete, not misleading, and up to date having regard to the purpose for which the information was collected or used.
You must let us know if you believe any information we have about you is incorrect, incomplete, misleading or out of date, by notifying us.
You may request that your Personal Information be deleted if it is no longer required for the purposes for which it was collected or required by us in terms of any applicable law.
When you use the Website, and/or the Services you may receive marketing communications from us.
You may refuse to accept, require us to discontinue, or pre-emptively block any approach or communications from us if that approach or communication is primarily for the purpose of direct marketing ("direct marketing communications").
You may opt out of receiving direct marketing communications from us at any time by requesting us (in any manner, whether telephonically, electronically, in writing or in person) to desist from initiating any direct marketing to you.
If you have opted-out, we may send you written (which may include electronic writing) confirmation of receipt of your opt-out request, and not send you any further direct marketing communications.
You may (in terms of the Consumer Protection Act, 2008) register a pre-emptive block against direct marketing communications. If you do so, we will not send you direct marketing communications unless you have expressly consented to receiving direct marketing communications unless you have expressly consented to receiving direct marketing communications from us.
Email/Direct Mail Campaign Data: From time to time, we may contact our customers / members / prospects directly by mail, email, or telephone to inform you about upgrades, news, promotions or special offers that you told us you were interested in receiving (including our newsletters). However, we will not contact you with any commercial communications that are unrelated to the Services you are using from us unless you have given us your prior consent to receiving such information. When responding to one of these campaigns, you may have the option to provide us with personal information, which we will use for the purpose indicated.
Survey Data: From time to time we may conduct surveys in respect of our services. Participation in our surveys is optional. However, if you respond to one of our surveys, you may provide us with personal information about you. Unless you otherwise consent, we will only use this information to determine the types of Services that may be of interest to you and to operate and improve our Services.
We are not responsible for the privacy practices of a third party site to which there may be a link on the Website, and/or any Content on the Website.
Gordon’s Bay Travel is not liable if you suffer losses or damages when visiting another third party, including Member, website by following a link to that website from the Website. You accept that there may be risks when you use such third party, including Member, websites and you do so at your own risk.